The Proceedings of the Old Bailey

 

334. (M.)   John Creamer was indicted for stealing eight guineas, one half guinea, and one quarter guinea, the property of   John Lothian , in the dwelling-house of   William Figg , May 8 . ++

  John Lothian . I came out of Cumberland, and I lodged in the house of   William Figg , on the 8th of May, being the  Rising-Sun, in Vine-Street, by Chandos street . I went to-bed about ten o'clock; the prisoner, who is a taylor , had lodged in the same room, one or two nights, and was to lie there that night. Some time after I had been in bed, I fell asleep, and awaked about five. I had put my breeches under my head at going to-bed; but when I awaked, I found them lying on my pillow. I felt in my pocket, and found there were no money in it. I had eight guineas, one half guinea, and a quarter guinea in my pocket, when I went to-bed. I sent a man out to know if he could hear of the prisoner, having a suspicion of him; he was taken up: The quarter guinea of mine I had taken in Smithfield in change for a nine shilling piece, where I paid it away. I had it returned for not good. There was a white spot like silver on the chin and upper lip. We found the prisoner had changed one with Mr. Eaton. I went to him, he laid down two. I took up one, and said, This is mine. There were five guineas, two half guineas, and two shillings and six-pence found upon the prisoner. By enquiring, I found he had spent two pounds at a house in White-hart-yard.

  William Figg . The prisoner had no money that night, about ten o'clock at night, to pay for a pot of beer he had called for; he lodged in my house: he went up stairs about eleven to go to-bed, and was above about a quarter of an hour with a candle; he put the candle out above, and left it in the room by the prosecutor's bed-head. I saw him when he came down; and my mother asked him why he came down again; he said he was a-dry, and wanted more beer. Then he went out at the door, came in again, and had got some money, and paid me a shilling for his lodging; he also paid for a pot of beer that he and another had in the evening. I changed him a shilling, when he paid for the beer. He said he should not lie in my house, but should use my house as usual. (He had quarrelled with a young man, when he came down stairs.) Then he went out again, which was about twelve at night. I never saw him after till before Sir   John Fielding . The prosecutor came down about six in the morning, and said he had lost his money. I am very sure there was nobody up stairs where the prosecutor lay, after he went to-bed, but the prisoner.

Q. How do you know he left the candle in the room?

Figg. My mother said to him, after he came down, Why do not you go up stairs? You have left the candle. He answered her, he had put it out.

  Thomas Eaton . I live at the Bull Head, St. Martin's-Lane. The prisoner came to my house about half an hour after eleven o'clock that Monday night, the 8th of May. I said when I let him in, Creamer, it is time for you to go home; I am going to bed. He said he was very dry, and must have something to drink. He asked for a pint of wine; I said I had none. Said he I must have something. I asked him whether he would have rum, brandy, or shrub: I told him he had better have shrub. Said he, Fill me a quartern. Then he said, Let me have

half a pint; he had it, and carried it into the tap-room, and gave it to other people. He wanted change for a five-and-three-pence. I gave him change for one. I had another five-and-three-pence in my pocket before, so I cannot tell which he gave me. He went away as soon as the liquor was drank. I saw no more of him till he was before Sir   John Fielding . The prosecutor came the next day, and showed me the two five-and-three-pences. He took one of them up, and said that was his. He brought another person with him, who picked that from the other. (The five-and-three-pence produced in Court.)

Prosecutor. I believe this to be mine.

Thomas Street. I was in Sir John Fielding's office when the prisoner was brought in. The prosecutor said he had lost a quantity of money. I was ordered to search the prisoner. I did, and found five guineas and two half guineas upon him.

  Samuel Bedford . I am a watchman. I saw the prisoner tossing up for liquor about two o'clock on the Tuesday morning by the Coach and Horses by Temple Bar. I saw him pull gold out of his pocket.

  John Eagle . The prosecutor came to the watch-house about three o'clock on the Tuesday morning, and enquired after the prisoner: we searched about, and found him by the Butcher-Row, Temple-Bar, where we took him about three o'clock in the morning on the Wednesday.

Prisoner's Defence.

I was at Lime-house on the Sunday, and received half a guinea. I changed it at a public-house, and there I took that five-and-three-penny piece. I always paid my way. I worked constant, and never was idle. I came home on the Sunday evening, and on the Monday night I had money in my pocket to furnish a room, as my wife was coming out of place. I have not been married long. A man swore he would kill me, and he took and threw me into the dirt. I went to Mr. Eaton's, and asked for something that was good. I found myself in liquor. I was loth to pull out my money there. I have hardly been idle for five months, except on a Monday. I am a taylor by trade.

  Mary Newman . I have known the prisoner two years. I never heard a bad character of him. I believe him to be a very honest, industrious young fellow.

Guilty . Death .